Contractor third party rights memorandum (funder or purchaser with step-in rights)—Contractor friendly
Contractor third party rights memorandum (funder or purchaser with step-in rights)—Contractor friendly

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Contractor third party rights memorandum (funder or purchaser with step-in rights)—Contractor friendly

  1. 1

    Contractor warranties and undertakings

    1. 1.1

      The Contractor warrants that:

      1. 1.1.1

        the Contractor has observed and performed and shall continue to observe and perform all the terms and obligations of the Contractor under the Building Contract;

      2. 1.1.2

      3. in respect of the design of the Works under the Building Contract, the Contractor has exercised and shall continue to exercise the reasonable skill and care to be expected of a properly qualified and competent architect or other appropriate professional designer experienced in projects of similar scope, type, size, nature and complexity as the Works.

    2. 1.2

      The Contractor's duties under this Memorandum shall be no greater and of no longer duration than the duties which it owes to the Employer under the Building Contract and the Contractor shall be entitled in any action or proceedings to rely on any limitation in the Building Contract and to raise the equivalent rights in defence of liability as it would have against the Employer had the Funder/Purchaser been named as joint employer under the Building Contract.

  2. 2

    Deleterious materials

  3. The Contractor further warrants that it has not used or specified for use in the design and/or construction of